Bame Piet
10 March 2008
Gaborone — The High Court on Friday sentenced to death South African Michael Molefhe and Botswana citizen Brandon Sampson for the December 2000 murders of Robert Ncube and Sam Hombarume in Mogoditshane.
"On a date to be set by the President you shall be hanged by the neck until you are dead," Justice Maruping Dibotelo told the convicts and the dead-silent members of the public. Dibotelo also sentenced Molefhe to five years' imprisonment for unlawful possession of an arm of war and a fine of P250 or three months in jail for possession of ammunition.
Sampson also received five years imprisonment for unlawful possession of an arm of war.
Judge Dibotelo said that on January 28 this year he ruled that there were extenuating circumstances in favour of Molefhe and that there were no such circumstances in favour of Sampson. He said that after that he called the defence attorneys Ookeditse Maphakwane and Duma Boko, at their request, to make submissions in mitigation to show that it was possible for the court to sentence a convicted person to a lesser sentence than death even where extenuating circumstances were not found. He said that Boko argued that Sampson accompanied Moelefhe to Ncube's place as a result of unflinching friendship and loyalty to him hence the court should show mercy on him. "Against this argument it must be noted that there is no evidence or any suggestion that he was forced or coerced into accompanying Molefhe to the place where the two of them murdered the deceased persons," he said.
Dibotelo said that in his written submissions, Mphakwane, who defended Molefhe, said that his client had taken alcohol that had played a role in shadowing his sense of judgement in his confrontation with the deceased. He said that did not constitute a mitigating factor neither did the argument that Molefhe was brought up in apartheid South Africa. "In my view, however, the manner in which Molefhe went about carrying out the murders and his conduct thereafter do not lend credence to the contention that his judgement was affected by alcohol; nor does the fact that he grew up in apartheid South Africa justify the way he planned and executed the murders in this country," he said.Dibotelo said that Molefhe might have been experiencing emotional instability and stress when they killed the deceased persons as a result of Ncube's alleged robbery and killing of his aunt (Molefhe's) in 1995. He said that Molefhe learnt in 1999 that Ncube was staying in Mogoditshane and did not do anything until December 24, 2000 when he and Sampson decided to confront him. He said that when Molefhe and Sampson came to Botswana on December 20, 2000, they brought with them a TV set, which Sampson lied to a certain Sonny Mochudi that he had bought it for the son (Sampson's). The TV set was never delivered to the son and it turned out later that the murder weapon (revolver) was hidden inside it.
The judge also found that Molefhe and Sampson went to commit the murders wearing balaclavas and armed with the revolver. "On arrival at Ncube's house the accused persons tricked Ncube into opening the door and he recognised Molefhe, he tried to close the door but they forced their way into the house with Molefhe firing a warning shot to show that they meant business," he said. At this point Dibotelo was convinced the murder was a planned one. After the murders the gun was hidden in the TV set and the two convicts went to Sebina where they were arrested on Boxing Day. Dibotelo ordered that the TV set, screwdriver, revolver and all the ammunition be forfeited to the state for destruction. Meanwhile outside court families of the two men succumbed to emotions as they watched them transported to prison knowing that it could be their last time to see them.
However, Emma Ncube, her brother and her daughter welcomed the sentence, saying it would send a message to would-be killers although their relative would not come back.
Emma said her murdered brother leaves behind five children and was only 38 years old at the time he was murdered. She added that he was a naturalised Motswana, while Hombarumbe was visiting him in Botswana when he was killed. Molefhe and Samson bring to four the number of death row inmates.
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